HomeMy WebLinkAbout1994/08/11 Board of Ethics Minutes
MINUTES OF A
BOARD OF ETHICS MEETING
CITY OF CHULA VISTA, CALIFORNIA
August 11, 1994
City Attorney's Conference Room
4:00 P.M.
MEMBERS PRESENT:
Harriet Acton, Susan Herney, Donald Swanson,
Jerry McNutt, Martha Villegas
MEMBERS ABSENT:
Stephen Padilla (unexcused)
STAFF PRESENT:
Bruce M. Boogaard, city Attorney
OTHERS PRESENT:
Leo Kelly and Ray Huard (San Diego Union-
Tribune)
The meeting was called to order by Chairperson Acton at 4:15 p.m.
MSUC (Swanson/Villegas) to approve the minutes of the June 29, 1994
meeting.
Member Herney asked if Janet Richter had submitted a letter of
resignation and was informed she would be doing so in the near
future.
Don Swanson asked if Member Padilla had missed three consecutive
meetings. There was discussion as to his attendance record and
city policy regarding absences.
Item 3 - Consideration of possible Code of Ethics Violations by
Councilman Bob Fox and Penny Allen.
Chairperson Acton stated that she had a request to split this item
into two parts.
Member Swanson suggested sending a letter to Bob Fox and Penny
Allen to advise them that the Board of Ethics will be considering
possible ethical violations in case said individuals wished to
respond in writing or in person. Susan Herney cited the provisions
of Chula vista Municipal Code ~2.28.150 wherein the Board shall
determine by a majority vote if there is probable cause to believe
a violation has occurred.
Martha Villegas recommended, and the Board concurred, to have two
separate meetings to discuss the alleged violations.
MSUC (Swanson/Villegas) to hold a probable cause meeting regarding
Councilman Bob Fox on August 23, 1994 from 3:30 p.m. to 5:00 p.m.
and a second meeting involving Penny Allen to be held on september
12, 1994 from 3:30 p.m. to 5:30 p.m. and to give notice to
Councilman Fox, Penny Allen and the City Council.
Board of Ethics
8/11/94 Minutes
Page 2
Susan Herney asked if the minutes and agendas of the Economic
Development Commission could be provided to the Board wherein Ms.
Allen's alleged violations occurred.
MS (Herney/Swanson) to have the Chair send a letter to the District
Attorney as to the status of their investigation of Councilman Fox,
and that a similar letter be sent to the Fair Political Practices
Commission regarding Penny Allen.
Amendment to Motion: (swanson/McNutt) to include that we ask the
District Attorney and Fair Political Practices Commission to
furnish the Board of Ethics with documents pertaining to these
incidents that would be relevant to the Board's jurisdiction.
Failed 2-3 with Acton, Herney, and villegas opposed.
Vote on original motion: Unanimously carried.
General discussion ensued by the Board regarding its powers into
investigating the above matters. Member Swanson stated he would
like to see everything there is in order to make a fair decision.
Member McNutt asked if it would be out of order to ask Councilman
Fox to morally resign now. It was the consensus of the Board that
only the city Council had that authority.
MS (swanson/Herney) to submit a letter to the members of the City
Council that the Board of Ethics is pursuing a probable cause
meeting on Bob Fox and Penny Allen. Member Swanson rescinded his
motion in that it was decided to send the City Council copies of
the letters being forwarded to the District Attorney and FPPC from
Chairperson Acton. Susan Herney requested that the Board receive
copies of the letter as well as the annual report.
The Board was given copies of:
Penny Allen's Economic Interest Statements for the last four
years.
A description of the City's Flexible Benefit Plan and the
amount allowed for the City Council.
The Reimbursement Request Form along with its requirements for
submitting reimbursements.
Councilman Fox's Reimbursement Request Forms for dental
expenses.
Board of Ethics
8/11/94 Minutes
Page 3
Item 4 - Correspondence from Member McNutt relating to "National
Character Counts Week".
Mr. McNutt stated there is a national effort to have President
Clinton declare the week of October 16-22, 1994 as "National
Character Counts Week".
MSUC (McNutt/Herney) to ask the Mayor to
elected representatives to encourage
representatives to become cosponsors.
send a letter to our local
our area congressional
MSUC (Acton/Herney) to adjourn the meeting at 5:15 p.m. to the next
scheduled meeting at 3:30 p.m. on August 23, 1994.
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Recording Secretary
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